NDLF Warns against illegal Working day on January 26th

We received information from employees of Worldsource Healthcare, Chennai that the company is forcing employees to work on January 26, 2018 Friday which is a public holiday.

We sent a letter to the company asking them to comply with relevant laws for making employees work on public holiday. As per law the employees should be paid 3 times regular wages for the day AND given a compensatory day off.

We also complained to the Labour Inspector, Tambaram to visit the company’s office and verify that the company complies with the law.

On 25th, the company made it optional for employees to work. But anyone opting to take holiday on 26th will be made to work on Saturday. Hence, in practice all employees opted to work on 26th.

On 26th, the labour inspector informed us that he visited the company and verified that employees came to work on their own and there is no compulsion on anyone. But, there is no confirmation about the compensatory pay and one day off.

We learnt that World Source makes employees work long hours and in weekend holidays. This episode is the first warning to the company that they can not ride roughshod over employees rights in violation of law.

We call upon employees of World Source to fight for decent work conditions.

NDLF is a registered trade union and for the past 20 years we are organizing workers in Tamil Nadu and Puducherry. The IT Employees Wing of NDLF was formed on January 10, 2015.

As part of our activities, we help employees to seek collective bargaining rights for employees on employment related issues and take legal measures in case of unfair labour practices by employers.

We would like to bring to your attention a grievance submitted by employees working in your organization.
We learn that your organization has announced that coming January 26 (January 26, 2018 Friday) would be a working day without any mention about compensation and substitute holiday. There is no display in the notice board indicating that this arrangement has been communicated to the labour department, as required by law.

As per the Industrial Employment (standing orders) act, 1946 under section 10 of Central Rules, whenever an employee has to work on any of the Public holidays, he shall, be entitled to thrice the wages for the day on which he works and in addition to avail himself of a substituted holiday with wages. And as per “The Tamil Nadu Industrial Establishments (National and Festival Holidays) Act, 1958”, such an arrangement has to be informed to the Inspector of the labour department via a notice, prior to the announcement and the same should be displayed in the notice board.

கோப்புப் படம்

We also learn that your managers are threatening employees individually with severe consequences if they fail to turn out for work on this public holiday. We understand that this practice is going on for several years. This is unfair labout practice and against the above laws.

We urge you adhere to the laws of the land and revoke your announcement, thereby allowing the employees to avail their rightful holiday.

We also expect that you would stick to the same for upcoming public holidays including May 1, which is a mandatory public holiday in our state as per “The Tamil Nadu Industrial Establishments (National and Festival Holidays) Act, 1958”. (It is marked in your leave calendar that May 1 would be a Holiday with special working day).

Kindly do acknowledge the receipt of this mail so we can be certain that necessary action would be taken as requested above.

Note: A hard copy of this letter is also mailed to you through registered post.